Decision 0748E – Los Angeles Community College District

LA-CE-2386-E

Decision Date: June 28, 1989

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 13
Perc Index: 20145

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

Release of a confidential document to other employees is not interference where the circumstances require the release to investigate charging party's allegations of internal misfeasance; pp. 16-17, proposed dec.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Unlawful motivation not present where employer followed customary practice in investigation of allegation of internal misfeasance and the necessary release of confidential information supplied by the charging party employee; pp. 18-20, proposed dec.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

Release of a confidential document not discriminatory where there is no showing of adverse action; p. 20, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Timing alone does not raise an inference of unlawful motivation; p. 19 proposed dec.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity

Unlawful motivation is not present where an employer followed customary practice in the investigation of allegations of internal misfeasance and the necessary release of confidential information supplied by the charging party employee; pp. 18-20, proposed dec.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Where the unalleged violation is intimately related to the subject matter of the complaint, part of the same course of conduct and is fully litigated, the retaliation charge will be properly considered and when the respondent was specifically notified that it should be prepared to defend allegations of retaliation; p. 18, proposed dec.